Compilation of the Social Security Laws

STATE PLANS FOR AID TO THE PERMANENTLY AND TOTALLY DISABLED

Sec. 1402. [42 U.S.C. 1352](a) A State plan for
aid to the permanently and totally disabled must (1) except to the
extent permitted by the Secretary with respect to services, provide
that it shall be in effect in all political subdivisions of the State,
and, if administered by them, be mandatory upon them; (2) provide
for financial participation by the State; (3) either provide for the
establishment or designation of a single State agency to administer
the plan, or provide for the establishment or designation of a single
State agency to supervise the administration of the plan; (4) provide
(A) for granting an opportunity for a fair hearing before the State
agency to any individual whose claim for aid to the permanently and
totally disabled is denied or is not acted upon with reasonable promptness,
and (B) that if the State plan is administered in each of the political
subdivisions of the State by a local agency and such local agency
provides a hearing at which evidence may be presented prior to a hearing
before the State agency, such local agency may put into effect immediately
upon issuance its decision upon the matter considered at such hearing;
(5) provide (A) such methods of administration (including methods
relating to the establishment and maintenance of personnel standards
on a merit basis, except that the Secretary shall exercise no authority
with respect to the selection, tenure of office, and compensation
of any individual employed in accordance with such methods) as are
found by the Secretary to be necessary for the proper and efficient
operation of the plan[3], and (B) for the training
and effective use of paid subprofessional staff, with particular emphasis
on the full-time or part-time employment of recipients and other persons
of low income, as community service aides, in the administration of
the plan and for the use of nonpaid or partially paid volunteers in
a social service volunteer program in providing services to applicants
and recipients and in assisting any advisory committees established
by the State agency; (6) provide that the State agency will make such
reports, in such form and containing such information, as the Secretary
may from time to time require, and comply with such provisions as
the Secretary may from time to time find necessary to assure the correctness
and verification of such reports; (7) provide that no aid will be
furnished any individual under the plan with respect to any period
with respect to which he is receiving old-age assistance under the
State plan approved under section 2 of this Act, assistance under a State
program funded under part A of title IV or aid to the blind under
the State plan approved under section 1002 of this Act; (8) provide that the
State agency shall, in determining need, take into consideration any
other income and resources of an individual claiming aid to the permanently
and totally disabled, as well as any expenses reasonably attributable
to the earning of any such income; except that, in making such determination,
(A) the State agency may disregard not more than $7.50 of any income,
(B) of the first $80 per month of additional income which is earned
the State agency may disregard not more than the first $20 thereof
plus one-half of the remainder, and (C) the State agency may, for
a period not in excess of 36 months, disregard such additional amounts
of other income and resources, in the case of an individual who has
a plan for achieving self-support approved by the State agency, as
may be necessary for the fulfillment of such plan, but only with respect
to the part or parts of such period during substantially all of which
he is actually undergoing vocational rehabilitation;[4] (9) provide safeguards which permit
the use or disclosure of information concerning applicants or recipients
only (A) to public officials who require such information in connection
with their official duties, or (B) to other persons for purposes directly
connected with the administration of the State plan;[5] (10) provide that all individuals wishing to make application
for aid to the permanently and totally disabled shall have opportunity
to do so, and that aid to the permanently and totally disabled shall
be furnished with reasonable promptness to all eligible individuals;
(11) effective July 1, 1953, provide, if the plan includes payments
to individuals in private or public institutions, for the establishment
or designation of a State authority or authorities which shall be
responsible for establishing and maintaining standards for such institutions;
(12) provide a description of the services (if any) which the State
agency makes available (using whatever internal organizational arrangement
it finds appropriate for this purpose) to applicants for and recipients
of aid to the permanently and totally disabled to help them attain
self-support or self-care, including a description of the steps taken
to assure, in the provision of such services, maximum utilization
of other agencies providing similar or related services; and (13)
provide that information is requested and exchanged for purposes of
income and eligibility verification in accordance with a State system
which meets the requirements of section 1137 of this Act.

(b) The Secretary shall
approve any plan which fulfills the conditions specified in subsection
(a), except that he shall not approve any plan which imposes, as a
condition of eligibility for aid to the permanently and totally disabled
under the plan—

(1) Any residence
requirement which excludes any resident of the State who has resided
therein five years during the nine years immediately preceding the
application for aid to the permanently and totally disabled and has
resided therein continuously for one year immediately preceding the
application;

(2) Any citizenship
requirement which excludes any citizen of the United States.

At the option of the State, the plan may provide that manuals
and other policy issuances will be furnished to persons without charge
for the reasonable cost of such materials, but such provision shall
not be required by the Secretary as a condition for the approval of
such plan under this title.

[3]
P.L. 91-648, §208(a)(3)(D),
transferred to the U.S. Civil Service Commission, effective March
6, 1971, all powers, functions, and duties of the Secretary under
subparagraph (A).

[4]
See Vol. II, Appendix K, Income and Resource Exclusions, for a list
of provisions from Federal laws regarding exclusions from income and
resources.

[5]
See Vol. II, P.L. 82-183, §618, for the “Jenner Amendment”,
with respect to denial of grants-in-aid under certain conditions.

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